2005-078 - Overruling Objections And Ordering Abatement Of Hazardous Vegetation (Brush) As A Public NuisanceRESOLUTION 2005 - 78
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
OVERRULING OBJECTIONS AND ORDERING
ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE
WHEREAS, on May 2, 2005, the Town Council of the Town of Los Gatos adopted
Resolution 2005 -40, entitled, "A RESOLUTION DECLARING HAZARDOUS VEGETATION
(BRUSH) A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT ", directing the
giving of notice that hazardous vegetation (brush) will be abated by the Town and the cost
thereof made a lien upon the private properties from which they are removed if the owners
thereof fail to do so, and establishing the June 20, 2005 meeting, as the time for a public hearing
by the Town Council, during which all property owners having any objections to the proposed
destruction or removal of such hazardous vegetation (brush) might be heard and given due
consideration; and
WHEREAS, that the Director of Parks and Public Works of the Town of Los Gatos gave
notice of the passage of said Resolution No. 2005 -40, by causing copies of the NOTICE OF
PUBLIC HEARING TO ABATE HAZARDOUS VEGETATION (BRUSH) in the same form as
annexed to said Resolution No. 2005 -40 to be published in the Los Gatos Weekly Times, a
newspaper of general circulation published in the Town of Los Gatos on June 1, 2005, and June
8, 2005, respectively, and causing said notice to be posted on May 25, 2005 in two (2) prominent
places in the Town of Los Gatos; and
WHEREAS, the Town has given Notice (Exhibit A) to all property owners found in non-
compliance; and
WHEREAS, pursuant to said resolution and notice, the Town Council conducted a
public hearing this date with respect thereto, at which time all property owners having any
objections to the proposed destruction or removal of such attest:
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that all objections, if any, to the proposed destruction or removal of such
hazardous vegetation (brush) are hereby overruled, and the Director of Parks and Public Works,
or his representative, is hereby ordered to abate such nuisance, or cause the same to be abated, by
having the hazardous vegetation (brush) (referred to in Exhibit A) destroyed or removed by
cutting, dicing, chemical spraying, or any other method which may hereafter be determined by
the Town Council.
FURTHER RESOLVED, that the Director of Parks and Public Works of the Town of
Los Gatos, or his authorized agent or representative, and the Cleric Administrator, are directed to
proceed with the matters set forth in Section 11.20.010 through Section 11.20.045 of the Los
Gatos Town Code.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the20th day of June, 2005, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS
01• _ XE OF THE CLERK ADMINISTk -;OR
NOTICE OF PUBLIC HEARING
TO ABATE HAZARDOUS VEGETATION (BRUSH)
THIS NOTICE IS BEING SENT TO YOU BECAUSE YOU OWN PROPERTY IN THE
TOWN'S HILLSIDE HAZARDOUS FIRE AREA AND
A PRELIMINARY INSPECTION BY THE
SANTA CLARA COUNTY FIRE DEPARTMENT INDICATES THAT YOUR PROPERTY
MAY CONTAIN BRUSH OR VEGETATION FIRE HAZARD REQUIRING ABATEMENT
-- PROPERTIES WILL BE REINSPECTED BEFORE WORK IS ORDERED --
HOWEVER, IF YOU HAVE DONE THE WORK, PLEASE CONTACT SANTA CLARA
COUNTY FIRE DEPARTMENT AT THE NUMBER LISTED BELOW
NOTICE IS HEREBY GIVEN that on May 2, 2005, pursuant to the provisions of
the California Government Code, the Town Council of the Town of Los Gatos adopted Resolution
2005 -40 declaring that hazardous vegetation (brush) growing to such size and such type on any
private property or in any street, sidewalk, or alley adjacent to such property in the Hillside
Hazardous Fire Area of the Town constitutes a public nuisance, and that this nuisance must be abated
by removal or trimming as specified by the Santa Clara County Fire Department. Hazardous
vegetation (brush) is defined as a woody perennial plant usually with multiple stems and trunks
under ten feet in height. Hazardous vegetation (brush) is also known to have a high oil, high resin,
or low moisture content in the leaves and branches. You should have already received a letter from
the Santa Clara County Fire Department generally describing required abatement actions.
NOTICE IS FURTHER GIVEN that property owners within the Hillside Hazardous
Fire Area shall, by June 20, 2005, or within the time specified in a written agreement with the Town
Director of Parks and Public Works, whichever time is later, take such steps as are necessary to abate
the hazardous vegetation (brush) violations, or such violations will be corrected and such nuisance
abated by the Town of Los Gatos in contract with the County of Santa Clara, in which case such cost
of abatement will be assessed upon the lots and lands from which, or that are adjacent to the
sidewalks, streets, or alleys on which such abatement has occurred, and will be collected upon the
next tax roll upon which general municipal taxes are collected and will constitute a lien on the
affected properties until paid. All property owners having any objections to the proposed abatement
of the hazardous vegetation (brush) violations are hereby notified to attend a meeting of the Town
Council of the Town of Los Gatos to be held in the Council Chambers of the Town, located at 110
East Main Street, Los Gatos, California, on MONDAY, JUNE 20, 2005, AT 7:00 P. M., when and
where their objections will be heard and given due consideration.
A COMPLETE RECORD OF THIS PROCEEDING, INCLUDING THE RESOLUTION, IS
ON FILE IN THE OFFICE OF THE CLERK ADMINISTRATOR, located at 110 E. Main
Street, Los Gatos, CA. Further information regarding hazardous vegetation (brush and weed)
abatement and hillside fire hazards and prevention is available from the Santa Clara County Fire
Department located at 14700 Winchester Boulevard, Los Gatos, CA, phone (408) 378 -4010.
Further information regarding the location and effect of the Hillside Hazardous Fire Area may be
obtained from either the Santa Clara County Fire Marshal's Office at (408) 299 -5760 or the Town
Parks and Public Works Department at 41 Miles Avenue, Los Gatos, CA, phone (408) 399 -5770.
ATTEST:
CLERIC ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Exhibit A
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TOWN OF LOS GATOS
TOWN COUNCIL SCHEDULE FOR 2005
HAZARDOUS VEGETATION ABATEMENT
HAZARDOUS VEGETATION ABATEMENT (BRUSH)
May 2, 2005 Hazardous Vegetation Abatement (Brush)
A. Adopt resolution declaring hazardous vegetation (brush) a public
nuisance and providing for their abatement.
B. Set June 20, 2005, as a public hearing on this annual program.
June 20, 2005 Abatement of Hazardous Vegetation (Brush)
Adopt resolution overruling objections and ordering hazardous vegetation
abatement (brush).
A. Open and hold the Public Hearing.
B. Close the Public Hearing.
C. Adopt Resolution overruling objections and ordering hazardous veget;
abatement (brush).
August 1, 2005 Abatement of Hazardous Vegetation (Brush)
A. Conduct public hearing to consider the report of the County Fire Marshal
(available in the Clerk Department) on the abatement of hazardous
vegetation (brush) for the 2004 -2005 season.
B. Adopt resolution approving said report (available in the Clerk Department).
HAZARDOUS VEGETATION ABATEMENT (WEEDS)
August 1, 2005 Abatement of Hazardous Vegetation (Weeds)
A. Conduct public hearing to consider the report of the County Fire Marshal
(available in the Clerk Department) on the abatement of hazardous
vegetation (weeds) for the 2004 -2005 season.
B. Adopt resolution approving said report (available in the Clerk Department)
November 7, 2005 Abatement of Hazardous Vegetation (Weeds)
A. Adopt resolution declaring hazardous vegetation (weeds) a public
nuisance and providing for their abatement.
B. Set December 5, 2005, as a public hearing date on this annual program.
December 5, 2005 Public Hearing - Hazardous Vegetation Abatement (Weeds)
Adopt resolution ordering abatement of hazardous vegetation (weeds).
Attachment 2